Understanding Your Options and Potential Penalties in Utah
Third-degree felony charges in Utah carry potential penalties that include up to five years in prison and thousands of dollars in fines. But these maximum potential penalties do not necessarily represent the actual outcome that is likely in your case. Still, the immediate penalties can be serious and the long-term consequences significant.
Having an experienced criminal defense team working on your side is critical to achieving the best possible result. Contact us today to see what the right Utah defense attorney can do for you.
Felony Sentencing & Punishment
The potential legal penalties you may face at sentencing for a third-degree felony in Utah are severe. They include:
- Prison – up to five years in prison;
- Jail – up to one year as a condition of probation;
- Fines – up to $5,000 plus a 90% surcharge.
For most criminal charges, prison time is not mandatory and the court will have the option of suspending the sentence and giving you the opportunity of probation. As part of a probation order, the judge can impose up to one year in jail as a condition of probation, along with other requirements like community service, restitution, substance abuse treatment, drug testing, and regular check-ins with a probation officer.
Collateral Consequences
Beyond the direct legal penalties, a third-degree felony conviction in Utah carries significant collateral consequences that can follow you into various aspects of life, creating barriers that can be challenging to overcome. These are just a few:
- Firearm Restrictions: A felony conviction results in a loss of the right to own or possess firearms under both state and federal law. This prohibition is often permanent, though in some cases, rights may be restored through specific legal processes like 402 reduction, expungement, or pardon.
- Loss of Voting Rights: In Utah, individuals convicted of a felony lose their right to vote only while incarcerated. In other states, voting rights may be more severely restricted.
- Employment: A felony record can significantly limit job opportunities, especially in industries that require background checks, security clearances, or professional licenses, such as healthcare, law enforcement, and education. Employers in Utah have the discretion to consider a felony conviction in their hiring decisions.
- Housing: Securing rental housing can be difficult with a felony conviction, as many landlords conduct background checks and may refuse to rent to individuals with a criminal record.
- Volunteering Restrictions: Many organizations, especially those working with vulnerable populations such as children or older persons, have strict policies that prevent individuals with felony convictions from volunteering. This may restrict your ability to volunteer at your child’s school or serve as coach for a youth sports team.
- Impact on Public Benefits: Certain felony convictions, particularly those related to drug offenses, can impact eligibility for federal benefits such as student loans, Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF).
Fortunately, Utah provides several legal pathways to help individuals overcome these barriers. Through the 402 reduction process, individuals may request the court to reduce the degree of their conviction, potentially changing a felony to a misdemeanor, which can significantly alleviate some of these collateral consequences. Additionally, expungement allows individuals to clear their criminal records under specific conditions, effectively sealing them from public view and reducing the long-term impact of a conviction. Finally, the pardon process offers another avenue for individuals to seek relief from the long-term consequences of a felony conviction, restoring certain rights and providing a more straightforward path to rebuilding their lives.
Understanding the severity and implications of a third-degree felony is crucial for anyone facing such charges. It’s essential to seek legal counsel to navigate the complexities of the legal system and work towards the best possible outcome.
For more detailed information, contact our office to schedule a consultation with one of our top attorneys.